Justice Kagan Expresses Concern About the ‘Legitimacy of the Court’ Going Forward

During a talk at Princeton University on Friday, Supreme Court Justice Elena Kagan expressed deep concern over the legitimacy of the Court after Justice Anthony Kennedy retired. Kagan is concerned that the “middle position” — also known as the unpredictable vote – is now gone and Kennedy could be replaced with someone (Judge Brett Kavanaugh) whose views fall more on the conservative spectrum.

Kagan explained that Kennedy and Sandra Day O’Connor did something important for the Court: they made it look “impartial and neutral and fair.”

“Part of the Court’s strength and part of the Court’s legitimacy depends on people not seeing the Court in the way that people see the other governing structures of this country now,” Kagan explained. “In other words, people thinking of the Court as not politically divided in the same ways. It’s not an extension of politics, but instead somehow above the fray.”

Kagan believes it’s important for the Court to uphold that integrity, especially because we live in a deeply divided political climate.